Wenco International Mining Systems Ltd. and our corporate affiliates (the “Company”, “we”, “us”, “our”) respect and uphold individual rights to privacy and the protection of personal information while balancing such rights with our need to process your personal information to manage our business and deliver our services to you. 

This Policy describes our practices with respect to how we may collect, use, disclose, retain, dispose and otherwise process (collectively, “process”) your personal information and how you may correct, update and access your personal information that you provide as a user of (a) the website(s) found at smartcaptech.com and the associated domain smartcaplife.com operated by us from time to time (collectively, the “Website”); (b) the Life application and any other application(s) made available or provided by us from time to time either through the Website or through any application distribution platforms such as the Apple App Store or the Google Play Store (collectively, the “Application”), excluding all third party software, websites, or services that may interact with the Application or our Services generally (“Third-Party Services”); and (c)  our other related products and services (collectively with the Website and the Application, and excluding any Third-Party Services, the “Service”). This Policy references the general Terms of Use for the Service [delivered to you through email prior to your use of our Service / available at https://www.smartcaptech.com/privacy-policy/ ], and forms an integral part of it. All capitalized terms not otherwise defined herein have the meaning provided in our Terms of Use.

Our Service may contain links to Third-Party Services or Internet resources which are provided solely for your convenience and information. When you click on one of those links you are contacting those Third-Party Services. We have no responsibility or liability for, or control over, those Third-Party Services or their collection, use and disclosure of your personal information.  We encourage you to read the privacy policies of those Third-Party Services to learn how they collect and use your personal information. PLEASE READ THIS PRIVACY POLICY CAREFULLY.  By using our Service, or otherwise by choosing to provide us with your personal information, you acknowledge and consent to the processing of your personal information in Canada, Australia, the United States of America and Africa, in accordance with this Policy and as may be further identified when personal information is collected.  Through your continued use of our Service, you are transferring your personal information to the jurisdictions listed above and you expressly consent to that transfer. We will use this consent as the legal basis for such data transfer, unless otherwise stated in this Policy. 

If you do not consent to the processing of your personal information in accordance with this Policy, please do not access or continue to use any of the Service or otherwise provide any personal information to us.

  1. Personal Information We Collect

For the purposes of this Policy, “personal information” means any identifiable information about an individual or any information that can be used, either alone or in combination with other information, to identify an individual, including but not limited to an individual’s name, home address, telephone number, email address, except any other information otherwise exempted by applicable privacy laws.

The categories of personal information we collect may include:

  • Information collected through the Use of the Service. After registration, you may create data or information as part of your use of the Service (collectively, “User Data”). User Data and any information contained in the User Data, including personal information you may have included, is stored and collected as part of the Service. User Data may include:
  • contact information such as name, email address, mailing address, and phone number;
  • professional information such as occupation, employee id number and vehicle name;
  • location information such as city, province, state, territory, country, latitude, longitude and altitude;
  • interpretation of bioemetric information, such as fatigue level or status; and
  • unique identifiers such as username, account number, device serial number and password Information from third parties. As part of our Services, we collect and analyze data about you related to your work activity and we share our data and analysis with you and the company, entity, or organization managing your account with us (such as your employer) (“Your Organization”), including other members of Your Organization.
  • Payment Information. If you make a purchase or payment on the Website, such as for a subscription, we collect information provided in connection with your purchase or payment, such as your credit card, billing address and other payment-related information.
  • Inquiries and Feedback. If you contact us, we will collect the information that you provide us, such as your contact information and the contents of your communication with us.
  • Information we collect automatically. We, and our third party partners, also automatically collect information about you and any computer or device you use to access the Service, read our emails, or otherwise engage with us. Some of the information we collect, and ways we collect it, include:
  • Cookies. When you use or visit the Service, we may send one or more cookies – small text files containing in a string of alphanumeric characters – to your computer or device that allows us to uniquely identify your browser, computer or device. A cookie may also convey other information to us, such as: your Internet Protocol (IP) address; unique device identifiers; your browser settings and specifications; and information about how you use the Service (e.g., the pages you view, the links you click, features and functionalities you utilize, how frequently you access the Services, and other actions you take on the Services). Cookies also allow us to track your usage of the Service over time.
  • Log Files. We may record log file information each time you access the Services. This information may include information such as: your IP address; browser type; unique device identifiers; information about your computer or device; number of clicks; how you interact with links, features or functionalities on the Service; and other such information.
  • Usage Data. We also collect information about the way you use our Services, for example, the site from which you came and the site to which you are going when you leave our Service, the pages you visit, the links you click on, how frequently you access the Service, whether you open emails of click the links contained in emails, whether you access the Service from multiple devices, last login time, and other actions you take on the Service. We may collect analytics data, or use third-party analytics tools, to help us measure traffic and usage trends for the Service and to understand more about the demographics of our users. We may also work with third party partners to employ technologies, including the application of statistical modeling tools, which attempt to recognize you across multiple devices.

We only collect personal information that we need.  We encourage you to not provide us with any personal information beyond what is necessary and as requested by us.

Collection from Third Parties

We do not knowingly collect your personal information from third parties unless you consent or we are otherwise exempted, required or permitted by applicable laws to do so. 

If we collect your personal information from a third party, we will only process that information for the specific purpose for which it was provided to us in accordance with this Policy and the policy under which that information was collected.   

Links to Other Sites

To the extent that our Application contains links to Third-Party Services, the owners of those sites are responsible for the privacy practices or content of those other sites. We do not endorse and will not be responsible for the privacy practices on Third-Party Services.

Information about Minors

The Service is intended solely for users who are at least the age of majority in their jurisdiction of residence.

We do not knowingly collect personal information about any minor. No such minor, nor any parent or guardian as it relates to such minor, should submit such minor’s personal information to us through the Service for any reason and under any circumstances. 

  1. Purposes for Which Personal Information is Processed

We may process your personal information for the following purposes (the “Purposes”):

  • To verify and authenticate your identity;
  • To ensure that the Service is optimized for your use and benefit;
  • To analyze user experience and improve the Service;
  • To operate, maintain and provide to you the Service, including sending awareness data to Your Organization and all other features and functionality of the Application;
  • To process your payment in respect of the Service;
  • To communicate with you to provide you services, contacts, materials and recommendations for your needs as identified by you through phone, email, or the Service;
  • To carry out our obligations arising from any contracts entered into between you and us;
  • To comply with internal policies and procedures and other legal, accounting, or security requirements;
  • To share your personal information with our employees, contractors, consultants and other third party service providers such as application hosting providers, (“Third-Party Processors”) who require this information to assist us with establishing, maintaining and managing our relationship with you and optimizing and providing the Service for your use and benefit.

Please note that we may change or add Third-Party Processors at any time, in our sole discretion, either in Canada or elsewhere. We encourage you to reference this Policy from time-to-time, to obtain updated information. Given the nature of cloud services, personal information may be stored outside Canada, anywhere in the world, and may be accessible to foreign courts, law enforcement and national security authorities in the jurisdiction(s) where it is transferred or stored.

We will only process your personal information for the Purposes for which we intend to process such information.  Otherwise, we will not process your personal information without your consent, except where permitted by law.

  1. Disclosure of Your Personal Information

We may share any and all the information we collect from you with our employees and contractors on an as-needed basis and with Your Organization in order to provide the Service. We do not rent or sell your personal information in personally identifiable form to anyone other than Your Organization. We may disclose your personal information with third parties in the following ways:

  • User Profiles and Awareness Data. Certain user profile information, including your name, location and any data we collect directly from you or that you upload to the Service, may be displayed to you and Your Organization (including other users within Your Organization) in order to provide the Service for your and Your Organization’s benefit.
  • Service Providers. We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide our Service; for example we use a web hosting provider to host data associated with the Service on our behalf. Unless we tell you differently, our agents do not have any right to use the personal information we share with them beyond what is necessary to assist us.
  • Protection of Company and Others. We reserve the right to access, read, preserve and disclose any information that we believe is necessary to comply with law or court order; enforce or apply our agreement with Your Organization and other agreements; or protect the rights, property or safety of the Company, our employees, our users or others.
  1. Legal Basis for Processing Your Personal Information

Consent

We will process your personal information only with your knowledge and consent, except where exempted, required or permitted by applicable laws. The form of consent may vary depending on the circumstances and the type of information being requested.  Your consent may be expressed with clear options to say “yes” or “no”, such as by being asked to check a box to indicate your consent, or implied, such as when you provide us with your address through a form or email seeking information and we use those means to respond to your request.  Your consent can also be provided by your authorized representative.  Taking into account the sensitivity of your personal information, purposes of collection, and your reasonable expectations, we will obtain the form of consent that is appropriate to the personal information being processed.  By using our Service, or otherwise by choosing to provide us with your personal information, you acknowledge and consent to the processing of your personal information in accordance with this Policy and as may be further identified when the personal information is collected.  When we process your personal information for a new purpose, we will document that new purpose and ask for your consent again.

If you do not consent to the processing of your personal information in accordance with this Policy, please do not access or continue to use any of the Service or otherwise provide any personal information to us. 

You may refuse to provide consent or may notify us at any time that you wish to withdraw or change your consent to the processing of your personal information without penalty, subject to legal or contractual restrictions and reasonable notice by (a) deleting your account with the Application and stopping use of the Application or (b) opting out of the use of your personal information by contacting Privacy Officer at (see Section 9 below).  However, if you withdraw or change your consent, we may not be able to provide you with the Service.

Other Legal Bases

Aside from consent, we may also process your personal information under other legal bases, as permitted by applicable law. 

  1. Security of Personal Information

The security of your personal information is important to us. We protect personal information using physical, technological and organizational safeguards. We regularly review our practices to ensure they align with reasonable industry practices appropriate to the level of sensitivity to safeguard personal information against loss or theft, unauthorized access, alteration or disclosure.

However, no method of transmission over the Internet, or method of electronic storage, is completely secure; as such, despite our safeguards and protocols, we cannot fully guarantee the security of your personal information and you should always exercise caution when disclosing personal information over the Internet.

  1. Requests for Access to and Correction of Personal Information

Applicable privacy laws allow individuals the right to access and request the correction of errors or omissions in their personal information that is in our custody or under our control. You may request access to and review of your personal information in our possession. However, access may be declined where permitted or required by applicable law.

You may request that we correct your personal information in our possession. We reserve the right not to change any personal information if we do not agree that it is inaccurate or outdated, but will append any alternative text the individual concerned believes appropriate.

If access cannot be provided, we will notify the individual making the request within 30 days, in writing, of the reasons for the refusal.

  1. Retention of Your Personal Information

We generally keep personal information for only as long as it is needed to accomplish the purposes for which it was collected, or as needed for authorized or legitimate purposes.  More specifically, we retain personal information as long as necessary for the fulfillment of the identified purposes for its collection or as otherwise necessary to comply with applicable laws or protect our interests. When personal information is no longer necessary or relevant for the identified purposes, or is required to be retained by applicable laws, we will take steps to have it deleted, destroyed, erased, aggregated or made anonymous. We use reasonable industry practices to ensure we have adequate controls, schedules and practices for information and records retention and destruction which apply to personal information.

  1. Updates or Changes to this Policy

This Policy was last updated on June 15, 2022. We will occasionally update this Policy and revise the “last updated” date appearing in this paragraph.

If we make any material changes we will either (a) notify you by email (sent to the email address listed in your account), or (b) provide a notice on the Application or otherwise through the Service before the change becomes effective. Any change to this Policy will apply to existing information, as well as information collected onwards from the date that this Policy is posted or on the date as specified in the notification. We encourage you to periodically review this page for the latest information on our privacy practices to ensure you are aware of any changes.  Your continued use of the Service signifies your acceptance of any changes to this Policy.

  1. Contact Information for Privacy Officer

You can direct any questions or concerns regarding our compliance with this Policy and our processing of your personal information to our Privacy Officer by emailing .

If you are not satisfied with our Privacy Officer’s response to your question or concern, you may be able to file a complaint under applicable privacy laws.  Our Privacy Officer will provide you with the contact information to do so if requested. We strive to offer an accessible and simple complaint procedure. We will promptly investigate all complaints received, and if a complaint is justified, we will take the necessary steps to resolve the issue in question.

End of Policy

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